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The document outlines the procedure for filing an annulment of marriage in the Philippines, which includes: 1) Preparing and filing a petition in family court where the petitioner or respondent resides; 2) Serving a summons to notify the respondent; 3) The respondent must file an answer within 15-30 days of receiving the summons; 4) A public prosecutor investigates and issues a report on whether the parties are colluding; 5) A pre-trial conference is held to prepare for trial; 6) A trial is held and a decision is issued granting or dismissing the annulment.
The document outlines the procedure for filing an annulment of marriage in the Philippines, which includes: 1) Preparing and filing a petition in family court where the petitioner or respondent resides; 2) Serving a summons to notify the respondent; 3) The respondent must file an answer within 15-30 days of receiving the summons; 4) A public prosecutor investigates and issues a report on whether the parties are colluding; 5) A pre-trial conference is held to prepare for trial; 6) A trial is held and a decision is issued granting or dismissing the annulment.
The document outlines the procedure for filing an annulment of marriage in the Philippines, which includes: 1) Preparing and filing a petition in family court where the petitioner or respondent resides; 2) Serving a summons to notify the respondent; 3) The respondent must file an answer within 15-30 days of receiving the summons; 4) A public prosecutor investigates and issues a report on whether the parties are colluding; 5) A pre-trial conference is held to prepare for trial; 6) A trial is held and a decision is issued granting or dismissing the annulment.
Procedure in Filing an Annulment of Marriage in the Philippines
Preparation and Filing of the
Petition
Service of Summons
Answer
Investigation Report of Public Prosecutor
Pre-trial Conference Trial
Decision
Appeal
The petition may file at the option of the
petitioner spouse in the Family Court of the province or city where the petitioner or the respondent spouse resides at least 6 months prior to the date of filing, or in the case of a non-resident respondent, where he/she may be found in the Philippines. This is giving notice to the respondent. It is the manner of how the court can acquire jurisdiction over the person. This is crucial because the court cannot validly proceed without service of summons. The respondent must answer within 15 days from service of summons or within 30 days case of service of summons by publication.
The public prosecutor prepares a report on
whether there is collusion between the parties. If collusion exists, the court will dismiss the case. The court and the parties deal with certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be dismissed if the petitioner fails to appear during pre-trial. The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. After the trial proper, the court renders its decision, a decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties. The aggrieved party or the Solicitor General may appeal from the decision within 15 days from notice of denial of the motion for reconsideration or new trial.
Liquidation, Partition and
Distribution, Custody, Support of Common Children and Delivery of Their Presumptive Legitimes
Issuance of Decree of Annulment
Registration of the Decree
These are done upon entry of the
judgment granting the petition The court issues the Decree after: (i) registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located; (ii) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (iii) delivery of the childrens presumptive legitimes in cash, property, or sound The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.